ALTERNATIVES:
Do not confirm appointments of City Councilmembers to serve as representatives and alternates to San Mateo County agencies and other regional bodies and leave positions vacant through 2025.
ATTACHMENTS:
1. Matrix of San Mateo County Agencies and Other Regional Bodies
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2025 COUNTY & REGIONAL AGENCIES
Board 2024 Representative(s)
Primary / Alternative
2025 PROPOSED
Primary
2025 PROPOSED
Alternate
Association of Bay Area Governments (ABAG) S. Alvarez / M. Medina S. Alvarez M. Medina Advanced Life Support – Joint Powers Board (ALS) R. Medina / M. Salazar R. Medina M. Salazar Airport Community Roundtable S. Alvarez / T. Hamilton S. Alvarez T. Hamilton Airport Land-Use Committee (ALUC) T. Hamilton / R. Medina T. Hamilton R. Medina Bay Area Water Supply and Conservation Agency (BAWSCA) T. Hamilton T. Ha milton n/a City/County Association of Governments (C/CAG) M. Salazar / R. Medina M. Salazar R. Medina Colma Creek Flood Control District M. Medina / T. Hamilton M. Medina T. Hamilton Home for All S. Alvarez / M. Medina S. Alvarez M. Medina Housing Endowment and Regional Trust of San Mateo County (HEART) M. Medina / S. Alvarez M. M edina S. A lvarez
League of California Cities/Peninsula Division (Regional) T. Hamilton T. Hamilton n/a Local Policy Maker Group (Caltrain) M. Salazar / R. Medina M. Salazar R. Medina Peninsula Clean Energy Advisory Committee M. Medina / T. Hamilton M. Medina T. Hamilton Peninsula Traffic Congestion Relief Alliance (commute.org) R. Medina / M. Medina R. M edina M. M edina San Mateo County Mosquito Abatement District (Citizen
Appointment)
R. Riechel
(A
ppointment through 12/2024)
R. Riechel
(A
ppointment through 12/2028) n/a
San Mateo County Council of Cities - Selection Committee R. Medina / By Proxy R. M edina By Proxy San Mateo County Operational Area Emergency Services
Council R. Medina / M. Salazar R. M edina S. A lvarez
Sea Level Rise Vulnerability Assessment Policy Advisory Committee M. Medina / T. Hamilton M. M edina T. Ha milton
OTHER BODIES NOT APPOINTED BY THE CITY
Board 2025 Representative(s)
San Mateo County Transportation Authority R. Medina
SamTrans Board of Directors R. Medina
101 Express Manage Lane R. Medina / M. Salazar
Legislative Committee M. Salazar
Peninsula Corridor Joint Powers Board (Caltrain JPB) R. Medina
145 of 163 ATTACHMENT 1
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: January 14, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Ryan Johansen, Police Chief
SUBJECT: Receive Paid Parking Program Update and Consider Adoption of a Resolution Amending Recognized Holidays for Paid Parking on City Owned or Controlled on and Off-Street Parking Facilities and Determining the Project is Exempt Under the California Environmental Quality Act BACKGROUND:
On November 12, 2024, the City Council received a presentation providing an update on the Downtown and El Camino Real Paid Parking Program. Following that presentation, City Council provided staff with input and feedback on a number of potential modifications to the existing program. This report is intended to serve as an update on the status of those potential modifications.
DISCUSSION:
During the November 12th presentation, staff identified the following potential future program adjustments and requested input and direction from City Council:
Addition of shorter paid parking intervals in off-street lots In May, a $0.75/20 minute rate was added to paid on-street parking. Some members of City Council expressed interest in adding a similar shorter-term paid parking interval in the off-street lots as well. At present, paid parking in off-street lots begins at $1 for up to two (2) hours based upon City Council direction that the initial parking rate in the lots be set at $0.50/hour. The 2- hour minimum was necessary to provide this low rate and still cover potential transaction costs associated with the kiosk system and electronic payments. During the November 12th presentation, staff explained that establishing a shorter interval in the lots could compromise the fiscal viability of the program unless the hourly rate was increased as well. Staff was asked to look into what options might be available to accommodate short term parking in the lots without compromising the fiscal viability of the program.
In response, staff is researching the possibility of designating specific short term parking spaces within paid off-street parking lots, for which only cash payment would be accepted. This could 146 of 163
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Honorable Mayor and Members of the City Council
January 14, 2025
6 9
5 negate the impact of transaction fees, but would require individual meters for each parking space, creating an additional expense for the program. There would still be financial costs associated with processing the coin payments. Staff is working to assess the scope and costs of this project and will report back to City Council when the analysis is complete.
Additional recognized holidays for exemption from paid parking There are currently three holidays included in the adopted resolution that establishes when parking meter rates for paid parking on City-owned or controlled on and off-street parking facilities are suspended and are not charged nor due and payable. These include January 1st, Thanksgiving Day, and December 25th. This was an oversight by staff as the intention was to include all City recognized holidays in the exempted list. As such, staff has exempted all of those holidays from initiation of the paid parking program by suspending payment processing and replacing kiosk and app menus with a message that parking on eleven holidays is free.
Attached to this Staff Report is a Resolution to correct this oversight. The resolution includes revisions to the list of recognized holidays will add eight additional holidays: Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, July 4th, Labor Day, Veterans Day, Day after Thanksgiving Day, and Christmas Eve (December 24th)
Exempting, or reducing hours on Sundays
Some cities with paid parking programs do not require payment to park on Sundays and some community members have requested that San Bruno do the same. The City Council approved the policy to require payment on Sundays because the paid parking program’s primary operational goal is to maintain an 85% occupancy rate and based on survey data included in the Downtown Parking Management Plan, Sunday is one of the days that is consistently above that mark. Additionally, eliminating one of the busiest days of parking would have a significant impact on the fiscal viability of the program and the effectiveness of the program to meet operational goals for the occupancy rates. At this time, staff does not recommend that the paid parking enforcement hours be modified on Sunday. This is because staff believes that the varied hours for one day of the week could prove confusing to customers, would require that all signage be amended and reinstalled at a significant cost, and would negatively impact the fiscal viability and operational effectiveness of the program.
At the November 12th City Council Meeting only two City Councilmembers indicated support for this change. As such, Staff is not conducting any work on this potential adjustment.
Allow customers to pay to park in any lot, and move about the other lots Each parking lot is currently designated as a separate “zone” in the parking system for a couple of reasons. Importantly, industry best practices and the DPMP call for a “park once and walk” strategy. Studies indicate that such a strategy increases the number of businesses the average customer patronizes during their visit, and thus the average spend of those customers.
Additionally, each lot being set up as a “zone” enables better data collection and facilitates variable pricing from lot to lot based upon that data if needed.
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5 At the November 12th City Council Meeting only one City Councilmember indicated support for this change. As such, staff does not recommend any changes at this time.
Remove the paid parking requirement from El Camino Real As indicated by one of the preceding charts, paid parking on El Camino Real is used much less than the on-street and off-street parking downtown. El Camino Real was included in the initial paid parking map because it had long been time restricted to two hours like the rest of downtown. Currently, demand for parking on this strip falls below the 85 percent threshold at times.
At the November 12th City Council Meeting, only one City Councilmember indicated support for this change, with three City Councilmembers indicating opposition. As such, staff does not recommend any changes at this time.
Seek a better mobile pay application
The Mobile Pay function provided by T2 is less user friendly than some of the other options on the market. Other options are likely to enhance the user experience but are also likely to come at an additional cost.
At the November 12th City Council Meeting, four City Councilmembers indicated support for this change. Staff is in the process of identifying a staff member to take the lead on this project and to begin the process of identifying and evaluating potential solutions and costs.
Rate adjustments
Maintaining 85% occupancy during peak periods is the overarching goal of this program. As reported during the November 12th meeting, there are timeframes in which the occupancy rate is above 85%, and even at or above 100%. However, there are also periods in which the occupancy rate remains below the 85% mark. The typical response to bring these occupancy rates back down would be to increase the hourly parking rate on the street in order to push more parkers into the lots. Ideally, such increases would only be applied during the times in which parking occupancy exceeds the 85% mark, which we now have the ability to do.
Staff recommends maintaining the status quo in terms of parking rates for at least another 90 days to assess the impact of optimized kiosk up time. If the occupancy rates persist an increase in the on-street parking rate during impacted times will likely be implemented in the near future.
Removing paid parking program oversight from the Police Department As has been well-documented, the Police Department took ownership of implementation of the paid parking program after it had failed to get off the ground for many years. While it is certainly appropriate for the Police Department to oversee enforcement, it was never the intention for the ongoing operation of the paid parking program itself to reside within the Police Department.
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5 Management of such a program is well outside the normal purview of the Police Department and creates a significant draw on staff time that is better spent on public safety.
Staff is in the process of moving the administration of the non-enforcement related aspects of the paid parking program out of the Police Department, but doing so requires an assessment of the workload and staffing needs.
Improved wayfinding signage
One of the ongoing issues impacting parking downtown is the lack of sufficient wayfinding signage to direct parkers to the many available parking lots. This was noted in the various presentations leading up to implementation of the paid parking program. To date, basic wayfinding signage has been installed that has a large “P” and arrows directing drivers to off- street parking lots in the downtown area.
Additional enhanced wayfinding signage, including digital parking availability signage, would be a separate project from the paid parking program. Currently, expanded wayfinding signage is identified in the FY25 Operating Budget as being “on hold” pending resource allocation. There is no indication in the available data that people are struggling to find parking. Staff will increase PSAs to better educate the public about parking options and locations and consider this as a budget item in FY25-26.
During the November 12th presentation, City Council identified the following additional potential program adjustments:
Update parking meter kiosks to display "free on holiday" or "no payment required" on the initial screen when appropriate
On holidays, off hours, or at other times when payment is not required for parking, it was recommended that the kiosks display a message to that effect and will not allow payments to be made. However, as presently configured, this message is not on the initial screen and only comes up after initiating the payment process.
The kiosks must enter a “sleep” mode when not in use in order to conserve battery power, which means that the display is off until a button is pressed. Staff is working on reprogramming the kiosks so that the message displays as early in the process as possible. While signage on each kiosk to cover the display on holidays has been suggested, given the number of kiosks this would require substantial staff work for which there is no resource.
Create an easy option in which parkers simply “put in a quarter and walk away” This cannot be done in a license plate-based system. Accomplishing this would require installing individual meters at every parking stall in lieu of the kiosks and would also create a substantial increase in enforcement costs.
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January 14, 2025
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5 At the November 12th City Council Meeting only one City Councilmember indicated support for this change. As such, Staff is not conducting any work on this potential adjustment.
Consider whether we should charge for parking between 8am-10am on weekdays The available data at this time indicates notably lower parking saturation during this timeframe on weekdays, which could support changing the hours of paid parking. The fiscal impact of this change would need to be determined as it would not only reduce parking revenues and citations fees but would require reprinting of all the required signage throughout the area, as well as staff time to amend regulations.
At the November 12th City Council Meeting only one City Councilmember indicated support for this change. As such, Staff is not conducting any work on this potential adjustment.
Next Steps
As the paid parking program transitions from the development and deployment phase to the ongoing implementation phase, the program will be reassigned from the Police Department to an appropriate department to manage the ongoing operations.
The City Manager’s office will build the Downtown Parking operations program once the Interim Assistant City Manager joins our staff in January. The program will determine the right number of resources needed to operate the program and the most effective operational elements necessary for a successful program.
The future team will assume full responsibility for the day-to-day operations of the program, ensuring its continued functionality, monitoring, and optimization. Oversight of parking enforcement and the citation process, as well as setting rates, will remain with the Police Department. Key responsibilities for the project team will include the regular analysis of parking utilization and revenue data, addressing any technical issues with kiosks, responding to public inquiries, and communications. This transition marks a critical phase in the program's lifecycle, where operational efficiency and long-term sustainability become the primary focus.
FISCAL IMPACT:
There is no fiscal impact from this update. Adoption of the resolution adding eight additional holidays when paid parking requirements are exempt will result in reduced parking revenues.
ENVIRONMENTAL IMPACT:
The amendment of recognized holidays when parking meter rates for paid parking on City owned or controlled on and off-street parking facilities are suspended and are not charged nor due and payable is not subject to the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that the parking regulations would have a significant effect on the environment. (Pub. Res. Code Sec. 15061(b)(3).) and the parking regulations are exempt from CEQA pursuant to a Class 1 exemption for existing facilities, which includes existing highways, streets, and sidewalks, and alterations thereto. (14 Cal. Code Regs. 15301 (c).)
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Honorable Mayor and Members of the City Council
January 14, 2025
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5 RECOMMENDATION:
Receive Paid Parking Program Update and Adopt a Resolution Amending Recognized Holidays for Paid Parking on City Owned or Controlled on and Off-Street Parking Facilities and Determining the Project is Exempt Under the California Environmental Quality Act ALTERNATIVES:
Do not adopt the Resolution.
ATTACHMENTS:
1. Resolution
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1 RESOLUTION NO. 2025 -___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO ADOPTING
AMENDED RECOGNIZED HOLIDAYS FOR PAID PARKING ON CITY OWNED OR
CONTROLLED ON AND OFF-STREET PARKING FACILITIES AND DETERMINING THE
PROJECT IS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City completed Downtown Parking Management Plan (Plan) in 2019.
This Plan served to implement the City’s General Plan (2009) and Transit Corridors Plan (2013) and to support the City Council’s on-going efforts and interests in development and revitalization of San Bruno’s Downtown while respecting the existing residential neighborhoods and parking demand in the City; and
WHEREAS, on October 24, 2023, the City Council adopted Resolution Number 2023- 115 adopting rates and regulations and recognized holidays for paid parking on City owned or controlled on and off-street parking facilities, amending the Master Fee Schedule to include parking rates, and determining the project is exempt under the California Environmental Quality Act; and
WHEREAS, the list of adopted recognized holidays when parking meter rates for paid parking on City owned or controlled on and off-street parking facilities are suspended and are not charged nor due and payable includes three holidays: January 1st, Thanksgiving Day, and December 25th; and
WHEREAS, the revisions to the list of recognized holidays will add eight additional holidays: Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, July 4th, Labor Day, Veterans Day, Day after Thanksgiving Day, and December 24th; and WHEREAS, the additional recognized holidays to be included as recognized holidays when parking meter rates are suspended and are not charged nor due and payable serve to provide consistency with City-recognized legal holidays; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN BRUNO AS FOLLOWS:
1. Parking meter rates shall be suspended and shall not be charged nor due and payable on the following holidays: January 1st, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving Day, December 24th, and December 25th.
2. The City Council finds that the amendment of recognized holidays when parking meter rates for paid parking on City owned or controlled on and off-street parking facilities are suspended and are not charged nor due and payable is not subject to the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that the parking regulations would have a significant effect on the environment. (Pub. Res. Code Sec. 15061(b)(3).) and the parking regulations are exempt from CEQA pursuant to a Class 1 exemption for existing facilities, which includes existing highways, streets, and sidewalks, and alterations thereto. (14 Cal. Code Regs. 15301 (c).).
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ATTACHMENT 1
2 ---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on January 14, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_____________________________
Lupita Huerta, City Clerk
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City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: January 14, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Nick Pegueros, Administrative Services Director & CFO SUBJECT: Consider Adoption of a Resolution Appointing Ms. Susan E. Manheimer as Interim Police Chief Pursuant to California Government Code Section 21221(H)
BACKGROUND:
Due to the impending resignation of the current Police Chief effective February 23, 2025, the City has an immediate need to fill the Police Chief vacancy as of January 24, 2025 in order to assure continuity of leadership within the San Bruno Police Department and its services. The City has identified a retiree of the California Public Employees Retirement System (CalPERS) that possess the specialized and critical skills essential for the vacant Police Chief position.
City Council approval of the contract is required because the individual is a current retiree of the California Public Employees Retirement System (CalPERS). According to applicable CalPERS post-employment employment rules, the City Council may enter into a one-time only employment agreement with a retired employee for no more than 960 employment hours per fiscal year.
Simultaneously, Human Resources staff have worked with a professional recruiting firm to enter into contract for their recruitment services. The recruitment has an expected timeline of approximately 4-6 months.
Staff has commenced the recruitment process for the Police Chief position and will continue to keep the recruitment open until the Department receives an adequate number of qualified applicants to process.
DISCUSSION:
To fill the immediate need to fill the Police Chief vacancy, staff recommends the appointment of retired Police Chief Susan Manheimer, who brings over 39 years of service and experience in municipal policing while serving in leadership positions for multiple police agencies in the San Francisco Bay Area.
The City Council is authorized by the applicable provisions of California Government Code Sections 21221(h) and 7522.56 to appoint a retiree to fill a vacant position on an interim basis while an active recruitment is being conducted to permanently fill the position. 154 of 163
Item 8c.
Honorable Mayor and Members of the City Council
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The appointment must be:
1. Made by the City Council
2. Be of limited duration and an interim assignment
3. Must fill a vacant managerial or executive position
4. Retiree can only be appointed once to the position, and the appointment must specify an end date which cannot be extended
In order to hire a retiree, there must be an open recruitment to permanently fill the position. The retiree is limited to working a maximum of 960 hours in a fiscal year (July 1 through June 30 of the following year). The retiree can be employed more than one fiscal year as long as the employment continues to meet the requirements under Government Code Sections 21221(h) and 7522.56. The compensation paid to the retiree must be within the range of the monthly pay rate of the vacant position.
The hourly rate for the position consistent with the City of San Bruno salary schedule for Police Chief, has a current pay range set at $109.94 - 134.92 per hour. This rate includes the recent cost of living adjustment (COLA) that takes effect the first full pay period in January 2025. The rate of pay for the duration of the contract will be set at $134.92 per hour. This appointment will not receive any other benefits, incentives, or compensation in lieu of benefits.
If these requirements are not followed, the retiree is subject to mandatory reinstatement as a regular employee.
Staff recommends that the City Council enter into an agreement with retired Police Chief Susan Manheimer beginning January 24, 2025 and extending through no later than December 31, 2025, if necessary depending on the length of the recruitment and selection period and contingent on clearance of a full POST compliant background check. Since the City Council can only make the appointment once and the term cannot be extended, staff recommends an outside date that accounts for any delays in the recruitment and appointment process.
FISCAL IMPACT:
The cost for hiring a full-time Interim Police Chief is approximately $23,400 per month, which will be offset by salary savings due to the vacancy of the Police Chief position. Other minimal costs include background and onboarding costs, estimated at $4,000 and will be paid through the regular approved Human Resources operating budget
ENVIRONMENTAL IMPACT:
There is no environmental impact. The action is not a project subject to CEQA. City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.
RECOMMENDATION:
Consider adoption of a resolution appointing Ms. Susan E. Manheimer as Interim Police Chief Pursuant to California Government Code Section 21221(H).
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Honorable Mayor and Members of the City Council
January 14, 2025
ALTERNATIVES:
Do not fill the vacancy for the Police Chief position with an interim appointment, and appoint an Acting Police Chief from within the organization while recruiting for the vacancy.
ATTACHMENTS:
1. Resolution
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1 RESOLUTION NO. 2025 - __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO APPOINTING MS. SUSAN E. MANHEIMER AS INTERIM POLICE CHIEF PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 21221(H)
WHEREAS, Government (Gov.) Code section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and WHEREAS, the City Council desires to appoint Susan E. Manheimer as an interim appointment retired annuitant to the vacant position of Police Chief for the City of San Bruno under Gov. Code section 21221(h), effective January 24, 2025; and WHEREAS, the City Council, the City of San Bruno and Susan E. Manheimer certify that Susan E. Manheimer has not and will not receive a Golden Handshake or any other retirement- related incentive; and
WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and WHEREAS, the City Manager has authorized the search for a permanent appointment; and
WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end on December 31, 2025; and
WHEREAS, the entire employment agreement between Susan E. Manheimer and the City of San Bruno has been reviewed and is attached herein; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $23,386.133 and the hourly equivalent is 134.92; the minimum base salary for this position is $19,056.26 and the hourly equivalent is $109.94; and
WHEREAS, the hourly rate paid to Susan E. Manheimer will be $134.92; and WHEREAS, Susan E. Manheimer has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby certifies the nature of the employment of Susan E. Manheimer as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of Police Chief for the City of San Bruno by January 24, 2025, due to the impending Police Chief vacancy.
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ATTACHMENT 1
2 Exhibit A: Agreement for temporary employment of a retired CalPERS annuitant ---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on January 14, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
________________________________
Lupita Huerta, City Clerk
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3 EXHIBIT A
AGREEMENT FOR TEMPORARY EMPLOYMENT
OF A RETIRED CALPERS ANNUITANT
[see attached]
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4 AGREEMENT FOR TEMPORARY EMPLOYMENT
OF A RETIRED CALPERS ANNUITANT
THIS AGREEMENT, made and entered into this _____ day of January 2025 by and between the CITY OF SAN BRUNO, a municipal corporation of the State of California, "City", and SUSAN E. MANHEIMER, "Retired Annuitant."
RECITALS
WHEREAS, City requires extra help to perform work of a specialized skill for a limited duration; and
WHEREAS, Retired Annuitant, SUSAN E. MANHEIMER served as the Police Chief for four diverse police agencies in the SF Bay Area, including 20 years as the Chief of the San Mateo Police Department possesses 39+ years of public safety experience, and will utilize that expertise to serve as the Interim Police Chief while the City conducts a recruitment for this vacant position; and WHEREAS, Retired Annuitant, as a former Police Chief, has unique specialized information and experience making them uniquely qualified to serve in this capacity, which is important to the City to ensure continued operations of the Police Department; and
WHEREAS, the Retired Annuitant is the most knowledgeable and skilled person to perform the tasks typically performed by the Police Chief and it is of vital importance to the City to have the Police Department to continue operations with a staffed Department Head; and
WHEREAS, the City wishes to have Retired Annuitant perform these necessary on-going duties and functions of the Police Chief for a limited duration; and
WHEREAS, Sections 21221 and 7522.56 of the California Government Code authorizes the Retired Annuitant as a person with specialized skills needed in performing work of limited duration, provided, that (1) the appointment does not exceed a combined total of 960 hours per fiscal year, (2) the compensation does not exceed the maximum monthly base salary paid to other employees performing comparable duties to equal an hourly rate, and (3) the retired annuitant does not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate.
NOW THEREFORE, in consideration of the mutual terms, covenants, and conditions contained herein, the parties hereto agree as follows:
1. Effective Date and Term of Agreement: This Agreement shall be effective January 24, 2025 ("Effective Date") at 12:00AM and shall automatically terminate
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5 on December 31, 2025, unless terminated earlier in accordance with Section 3 of this Agreement.
2. Compensation and Work Schedule:
a. Appointment and Scope of Services: Pursuant to this Agreement, Retired Annuitant shall temporarily perform the duties of Police Chief as well as any key special assignments as may be necessary as determined by the City Manager. Such employment is "at will" and is subject to the terms of this Agreement. The Retired Annuitant shall perform said duties at the pleasure of and under the direct supervision of the City Manager or his designee. b. Rate of Pay: Retired Annuitant shall be paid at the rate of $134.92 per hour, which represents Step 5 of the City's current salary schedule for Police Chief. c. Work Schedule and 960-hour Limitation: Retired Annuitant is expected to devote necessary time, within and outside normal business hours, to the business of the City of San Bruno. However, pursuant to Government Code section 21221, Retired Annuitant can work a maximum 960 hours per fiscal year for all public employers that contract with CalPERS for retirement benefits. The City Manager retains the right to designate, reduce, change, or amend the number of hours assigned to Retired Annuitant consistent with the department's workload and other needs. It is the responsibility of the retired annuitant to track the number of hours worked.
d. Status: Retired Annuitant shall serve at the pleasure of the City Manager, subject to the terms and conditions hereof, and shall not acquire a property interest in employment or a right to continuing employment with the City of San Bruno. The terms, covenants, and conditions of Retired Annuitant's employment with the City are expressly limited by and to the terms, covenants and conditions of this Agreement.
e. Benefits: Retired Annuitant shall not be entitled to any benefits other than the hourly wage listed above in Section 2b.
3. Termination: Either party may terminate this Agreement without cause upon giving the other party not less than two (2) weeks prior written notice.
Notwithstanding anything to the contrary, Retired Annuitant shall, upon City's Notice of Termination deliver to City a written status report of all projects or matters in which Retired Annuitant is involved. In the event of termination, all rights and obligations of the parties hereto shall thereupon cease. The provisions of this paragraph shall not be deemed a limitation upon the respective rights or remedies of the parties hereto which may accrue to them.
4. Employment Status:
a. Benefits: Other than the compensation described above in Section 2b, Retired Annuitant will receive no other benefits, incentives, compensation in lieu of benefits, or any other form of compensation. Retired Annuitant
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6 understands and agrees that they are not, and will 'not be, eligible to receive any benefits from the City of San Bruno.
b. No Property Right in Employment: Retired Annuitant understands and agrees that the terms of employment are governed only by this Agreement and that no right of regular employment for any specific term is created by this Agreement. Retired Annuitant further understands that they acquire no property interest in their employment by virtue of this agreement, that the employment is "at will" as defined by the laws of the State of California (meaning that they can be terminated at any time for any reason or for no reason), and that they are not entitled to any pre- or post-deprivation administrative hearing or other due process upon termination or any disciplinary action.
c. Employment of a Retiree: Retired Annuitant understands that CalPERS retired annuitants may be employed by a CalPERS public agency employer, by temporary appointment to a position not to exceed 960 hours in any fiscal year for all such employers; either (1) during an emergency to prevent stoppage of public business or (2) because the retired employee has skills needed in performing the work of limited duration.
d. Representations of Retired Annuitant: Retired Annuitant represents that they are properly trained to perform the duties required of the position and this Agreement.
5. Standard of Performance: All services to be performed by Retired Annuitant pursuant to paragraph 1 hereof shall be performed in accordance with all applicable ordinances, policies, and rules and regulations of the City.
6. Indemnification: The City shall defend, save harmless, and indemnify the Retired Annuitant against any tort, professional liability claims or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the Retired Annuitant's duties as Police Chief.
The City may compromise and settle any such claim or suit and the amount of any settlement or judgment rendered thereon. Said indemnification shall extend beyond termination of employment, and the otherwise expiration of this Agreement, to provide full and complete protection to the Retired Annuitant as described herein, for any acts undertaken or committed in the course and scope of their capacity as Police Chief, regardless of whether the notice of filing of a lawsuit for such tort, claim, demand, or other legal action occurs during or following the Retired Annuitant's employment with the City.
7. Non-Assignment of Agreement: This Agreement is intended to secure the individual services of the Retired Annuitant and is not assignable or transferable by employee to any third party.
8. Governing Law/Venue: This Agreement shall be interpreted according to the laws of the State of California. Venue for any action or proceeding regarding this contract shall be in San Mateo County.
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7 9. Enforceability: If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
10. Conflict of Interest: Retired Annuitant agrees that during the term of this Agreement, they will not maintain any financial interest or engage in any other contract employment, occupation, work, endeavor or association, whether compensated for or not, that would in any way conflict with, or impair Retired Annuitant's ability to perform the duties described in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first hereinabove written.
CITY OF SAN BRUNO: RETIRED ANNUITANT:
By:
______________________________
By:
____________________________
Alex D. McIntyre
City Manager
Susan E. Manheimer
APPROVED AS TO FORM:
By: __________________________
Trisha Ortiz
City Attorney
ATTEST:
By: __________________________
Lupita Huerta
City Clerk
Reference: City Council resolution number 2025-## adopted on <INSERT DATE>.
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